MAKHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Application filed by the petitioner bearing No.CRMM- 40388-2012 for the grant of pre-arrest bail was dismissed by this Court as the allegation against the petitioner was that in a black Innova car standing in the name of petitioner 10 bags of poppy husk were recovered while the petitioner was not arrested from the spot as he managed to escape.

(2.) The petitioner filed a second petition bearing CRM No.13568-2013 claiming the changed circumstances to the effect that one Chanan Singh had furnished an affidavit indicating that he had actually purchased the Innova car of the petitioner from which 10 bags of poppy husk were recovered. Second application was entertained by this Court on 30.4.2013 and notice of motion was issued to the State for 12.7.2013. However it was observed as follows: -

(3.) In view of above order, the petitioner had an interim protection till 12.7.2013 to be released on interim bail on his joining investigation on 18.5.2013. Since the stage of investigation or stage of charge sheet had not been brought to the notice of the Court, it was not expected that the prosecution agency would present challan before 18.7.2013. Be that as the case may be, it was the discretion of the Investigating Agency to present challan. It is apparent that the challan was presented before Special Judge on 6.6.2013 on which date the petitioner filed an application for the grant of regular bail on the basis of order passed by this Court on 30.4.2013. The order passed by Judge, Special Court granting bail to the petitioner reads as follows:-